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HomeMy WebLinkAboutcc min 1990/02/13 MINUTES OF A REGULAR MEETING OF THE CITY OF CHULA VISTA Tuesday, February 13, 1990 Council Chambers 6:00 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Moore, Nader, and Mayor Cox ABSENT: Councilmembers Malcolm and McCandliss ALSO PRESENT: City Manager, John D. Goss; Deputy City Attorney, Ruth Fritch; and City Clerk, Beverly A. Authelet 2. pI.F. rK]E OF ,tlJ.F. GIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: None 4. SPECIAL ORDERS OF THE DAY: 4a. Mayor Cox introduced Ms. Sue Welsh and her class from Southwestern College. 4b. Supervisor Brian Bilbrey updated the Council on the Little America's Cup. Over 3,000 names were submitted for the boat and the name chosen was: FREEDOIVFS WING. The design has begun and the boat will be built at Corsair Marine in Chula Vista. Challenges have been received from the British, French, Italian, and another American syndicate. CONSENT CAI-~F-NDAR (Items pulled: 5c, 7, and 18) Councilman Nader stated he would like to see the amendments to the Ordinance on Item 22 before taking action. He also expressed concern over the notification of the residents. MSUC (Nader/Cox) to continue Item 22 to the meeting of March 13, 1990. MSUC (Cox/Moore) to continue Ir~rn~ 6 and 11 to the meeting of Februaly 20, 1990, as these items require a 4/5's vote. COIJNCILMAN MOORE OFFERED THE BAIAIqCE OF THE CONSENT CAI.F. hlDAR, reading of the texts was waived, passed and apprnved unanimously. Mayor Cox noted that the reference to the J Street Marina in Item 9 was incorrect. The correct name is the Chula Vista Harbor and the Chula Vista Boat Launch. Minutes February 13, 1990 Page 2 Mayor Cox noted Council could not open the Public Hearing until 6:30 p.m. and Council would hear items pulled from the Agenda until that time. 5. ~RI'FIP~q COMMUNICATIONS: 5a. Letter addressing the problem with cardrooms in other comrntullties slid orgalllzed clillle arid a concern with the City of Chula Vista - Mr. Frank A. Scott, 4 East San Miguel Drive, Chula Vista, California 92011. Recommended that Mr. Scott's letter be noted and filed, unless the City Council directs staff to redocket the item on a future agenda for reconsideration. 5b. Letter from Easrl~ke Shores Homeowners Assodation concerned about the lack of adequate overhead street lighting at the intersection of Shore Drive and Brookstone Road - Mr. Dick Madlener, President, Camelot at EastLake Shores Homeowners Association, c/o Menas Realty Company, 4990 Mission Boulevard, San Diego, California 92109. Recommended that the matter be referred to staff for further evaluation, inasmuch as it is staffs initial feeling that by replacing the 100 watt bulb with a 250 watt bulb the same illumination at this intersection should be provided as if this light were relocated 40 feet closer to the intersection. 5c. Letter asking for financial commiUnent to the design and start-up costs of an educational booklet on water conservation - San Diego Zeriscape Council, c/o Cuyamaca College Botanical Society & the San Diego County Water Authority, 2950 Jamacha Road, E1 Cajon, California 92019. Recommended that the City Council assist in becoming a financial sponsor in the preparation of this booklet by authorizing a contribution of $1,000 from the Council contingency fund toward this program. Pulled from the Consent Calendar 6. ORDINANCE 2348B AMENDING ORDINANCE NO. 2251 OF THE CiTY OF CITtJLA VISTA RELATING TO DEVELOPMENT IMPACT FEE TO PAY FOR TRANSPORTATION FACILITIES IN THE CITY'S EASTFAiN TERRITORIES (URGENCY MEASURE) - An interim measure effective for thirty (30) days - (Director of Public Works) Pulled from the Consent Calendar and continued to the meeting of 2/20/90 7. ORDINANCE 23S8 ADDING E 1.34 TO THE CHULA VISTA MUNICIPAL CODE ESTABLISHING A CHILD CARE COMMISSION - One of the strategies proposed by the Child and Adult Care Subcommittee was the establishment of a City Child Care Commission. Staff recommends approval of ordinance and recommendations in staff report - (first reading) - (Deputy City Manager) Pulled from the Consent Calendar 8. RESOLLrrION 15500 APPROVING AGR RRMENT WITH RICK ENGINEERING COMPANY FOR PREPARATION OF AFAUJ~ MAPS AND CROSS SECTIONS FOR 1-80S IN THE VICINITY OF BONITA ROAD - To study improving the Bonita Road/I-805 interchange, CalTrans requires topographical mapping and cross sections of the area which are not curren~y available to the City. Rick Engineering has been chosen as the consultant to provide this information. Staff recommends approval of resolution - (Director of Public Works) (continued from meeting of 02/06/90) 9. RESOLUTION 15509 ACCEPTING BIDS AND AWARDING CONTRACT FOR CONCRETE WASTE CONTAINER - Bids were received and opened on January 12, 1990, in the office of the Purchasing Agent for the purchase of fifTy-one (51) concrete waste containers and thirty-five (35) exlra covers. The Minutes February 13, 1990 Page 3 containers will be used at the "J" Street Marina and Bayside Park. Staff recommends approval of resolution awarding contract to Moore Recreation and Park Equipment, Inc.- (Director of Finance) 10. RESOLUTION 15510 AUTHORIZING A TRANSFER OF COMMUNII Y DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT REVOLVING FUNDS TO BE USED FOR SERVIt75; RRLATED TO THE ta'IY'S PROPOSED ALITO S/fLEe; PARK - Staff has been exploring the possibility of ineating an auto sales park at East "H" Street in Chula Vista. The previous location was sited on Otay Valley Road at 1-805, within the Otay Valley Redevelopment Project Area and for this reason all costs attributable to the proposed auto park were funded with redevelopment monies. Due to change in site it is proposed that other funding sources be obtained. Staff recommends approval of resolution - (Director of Community Development) 11. RF_,SOLUTION 15511 APPROPRIATING FUNDS TO MAINTAIN .ASPHALT PATHWAYS IN EL RANClIO DEL REY PARK - The asphalt pathways in E1 Rancho del Rey Park are in extremely poor condition. The asphalt material is decomposing and exposing the rock aggregate, Staff recommends approval of resolution - (Director of Parks & Recreation) Pttlled from the Consent Calendar and continued to the meeting of 2/20/90 12. RESOLUTION 15512 APPROVING A REVISED MEMORANDUM OF UNDERSTANDING REGARDING NOTIFICATION OF LAND USE AND DEVELOPMENT ACTION BETWEEN THE COUNTY' OF SAN DIEGO AND THE CITIES - Staff recommends approval of resolution - (Director of Planning) 13. RESOLUTION 15513 APPROVING FIRST MODIFICATION TO THE AGRRF..MENT BETWEEN THE CITY OF CHULA VISTA, DAMES & MOORE AND BALDWIN VISTA ASSOCIA'IT~S, L.P. - The agreement provides for Dames & Moore to do additional work preparing the Environmental Impact Report (EIR). Staff recommends approval of resolution - (Director of Planning/Project Manager) 1 ~. I~.SOL~ON 15514 APPROVING FIRS'T ~OD~CATION TO Tr~ AGR ~RIVlB/q~ BE~d~e~/q ~ /~SSOC~J~'[T~S, IJ~. o The agreement pro~des for ~J~P to review the Ota~ Ranch General Development Plan. 5t~ recommeuds approval of resolution modi~ng existing agreement - (Director of Planning/Project Manager) 1S. RESOLUTION 15515 ACCEPTING AND NAMING 7.S FOOT 51REET DEDICATION AT 382 PALM AVENUE FOR ~"rKEET PURPOSE - Acceptance of 7.S foot right of way required by the City for street improvements in conjunction with application of building permit for duplexes at 382 Palm Avenue. Staff recommends approval of resolution - (Director of Public Works) 16. RF_.SOLUTION 15516 FOR REMOVAL OF PARKING ON SOUTH SIDE OF EAST 'H' STREET BETWEEN HIILTOP DRIVE AND 1-80S - Parking remoxeal is required to facilitated pavement marking changes required by the traffic signal installation at I~80S southbound on-ramp and East "E" Street. Staff recommends approval of resolution - (Director of Public Works) Minutes February 13, 1990 Page 4 17. RESOLUTION 15517 AUTHORIZING EXECUTION OF AN EASEMENT AGI~KF-MENT WITH THE U. S. FISH AND WILDLIFE SERVICE FOR A FLOWTHROUGH SEAWATER PUMP STATION AND DisIRIBUTION SYSTEIVI FOR THE CHUIA VISTA NATURE INTERPRETIVE CENTFJ~ - The easement agreement becvveen the City, Bayfront Conservancy Trust and USF&WS allows a seawater system to cross the SweeBvater National Wildlife Refuge. The flowthrough seawater system is essential for the ongoing success of the Chula Vista Nature Interpretire Center. Staff recommends approval of resolution -(Executive Director, Bayfront Conservancy Trust) },~85e} 18. REPORT PROPOSED TRAFFIC CONTROL MEASURES ON 1400 B~ OF HII .I.TOP DRIVE - (Director of Public Works) Continued to the meeting of 2/20/90 19. REPORT PROPOSED NONCODIFIED ORDINANCE AND PROPOSED AMENDMENTS TO THE CHULA VISTA MUNICIPAL CODE REGARDING CITY'S SIGN ABATEMENT PROGRAM - On January 9, 1990, Council approved the staff report on the City's Sign Abatement Program and requested staff to establish a process of time extensions of non-conforming signs involving hardship cases. Council also requested the ordinance be amended to require mandatory abatement of non-conforming signs upon change of land use or major sign modifications. Staff recommends that Council direct staff to bring back for public hearing and initiate established enforcement procedures - (Director of Planning) 20. REPORT ON SEWER FACILITIES PARTICIPATION FEE REFUND REQUEST BY t.KR WEST - Within the time span that Lee West, owner of the property at 36 Las Flores Drive, applied for a building permit and when it was issued, the Sewer Facilities Participation Fee had been increased $1,400 for a single family dwelling. Mr, West believes that the City took an inordinate amount of time to process and approve his plans. He has requested a refund of the increased amount. Staff recommends acceptance of report and denial of Mr. West's request - (Director of Public Works) /~8/~? * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RF].&TED RESOLUTIONS AND ORDINANCES 21. PUBLIC HFARING PCA-90-03: CONSIDERATION OF AN AMENDE TO SECTION 19.060.030 OF THE MUNICIPAL CODE FOR DEVELOPg PROjECTS AFFECI'ED BY AMENDE TO THE GENERAL PLAN - CI'Pi' INITIATED -Staff recommends adoption of Negative Declaration IS-90- 28 and enact ordinance amending Section 19.060.050 of the Municipal Code - (Director of Planning) ORDINANCE 2359 APPROVING AN AMENDMENT TO SECTION 19.060.030 OF THE MUNICIPAL CODE FOR DEVELOPMENT PROjECTS DEFINFD AS PIPELINE PROJECTS - (first reading) Bob Leiter, Director of Planning, stated a number of inquiries had been received since the adoption of the General Plan to determine if the projects they were working on met the criteria to proceed. In most eases, they did not meet the specific criteria but had made some progress in the development process at the preliminary design review stage. On 1/9/90 the Council directed staff to prepare an amendment to the Municipal Code to allow for projects which had been through preliminary design review to proceed through the formal review process. The first phase of the General Plan/Zoning Consistency Study will be presented to the Council in March. Minutes February 13, 1990 Page 5 This being the time and place as advertised, the public hearing was declared open. There being no public comment, the public hearing was declared closed. MAYOR COX OFP-ERED ORDINANCE 2359 FOR FIRST READING, reading of the ten was waived, passed and approved unanimously. Cotmc~man Moore requested that Council be informed of the existing R3 areas. Mr. Leiter stated they would be included in the March report to Counc~. 22. PUBLIC FiFARING PCM-90-11: REPORT ON ORDINANCE REZONING ALL EXISTING MOBILEHOMF/IRAILER PARKS TO MHP ZONE - Staff recommends that Counc~ not use rezoning as an interim measure to prevent or delay the closure of mobilehome/trailer parks -(Director of Community Development & Planning) Continued to meeting of 3/13/90 ORDINANCE 2360 PROHIBITING CONVERSION OF ANY PARK TO A USE WHICH IS IN CONFLICT WITH THE PROPOSED REZONINGS TO MI-IP (URGENCY MEASURE) OTHER BUSINESS 23. ORAL COMMUNICATIONS James Lovett, Chula Vista, CA, representing Bayscene, distributed a letter to the Council regarding the Arbitration Hearing and the request from the American Arbitration Association for an additional $900.00. He stated the Committee was under the impression that there was an Ordinance which sets forth that arbitration costs would be split, owner 75% and residents 25%, and he requested clarification of this matter. He also noted the residents were senior citizens and on fixed incomes and requested that the City fred a means or fund to cover the resident's cost. "/6~6'~/o MSUC (Cox/Nader) to refer to staff to meet and go over Mr. Lovetfs questions and give him a verbal answer as soon as possible and to bring back to Council at the next meeting. 24. ITEMS pUIl.Rr~ FROM THE CONSENT C~I.R~IDAR Item 5c. Letter asking for financial commltmerit to the design and start-up costs of an educational booklet on water conservation. Jan Tubiolo, representing San Diego Xeriscape stated she was available to answer any questions. Mayor Cox informed her the staff had recommended participation in the program and authorizing a contribution of $1,000 from the Council contingency fund. MSUC (Cox/Nader) to approve staff recommendation. Item 7. ORDINANCE 2358 ADDING CHAPTER 2.34 TO THE CHULA VISTA MUNICIPAL CODE ESTABLISHING A CHILD CARE COMMISSION. Minutes February 13, 1990 Page 6 Mayor Cox informed the audience that the staff recommended the approval of the Child Care Commission and he noted there were five members of the Chula Vista 2000 Sub-Committee in attendance to answer any questions. COUNCILMAN NADER OFFERED ORDINANCE 2358 FOR FIRST RFJ~ING, reading of the text was waived. passed and approved unanimously. Item 18. REPORT PROPOSED TRAbI~C CONTROL MEj~URES ON 1400 BLOCK OF blIIJ.TOP DRIVE John Lippitt, Director of Public Works, gave an oral report regarding the traffic situation on Hilltop Drive. He stated staff had conducted a two survey on Friday morning and observed that most pedestrians crossed to go to the convenience store and then to school. Staff recommended a three phase program to the Safety Commission. The Safety Commission had approved the following recommendations 6-1-0 and he noted that these were not staffs recommendations: l. signal at Kingswood Drive, 2. install a fence across Hilltop on a two foot wide burro across the SDG&E easement, and 3. installation of appropriate signage. If the Council did approve the Safety Commission's recommendations, staff would recommend the following: 1. Keep the fence gate at Loma Verde School locked. 2. Due to concern over the impact of a signal at Kingswood on the intersection of E. Rienstra, staff would recommend a signal at Rienstra to address operational and safety concems. Staff recommended a full signal at Kienstra rather than Kingswood Drive. Mr. Lippitt stated staff had not had time to assess the exact location for the crosswalk at the easement and stated staff would have to work with SDG&E to refine. V. L. Pendergraft, One Kingswood Drive, Chula Vista, CA, stated staff had done a good job. He commended Mr. Rosenberg, staff and the Council. He supported the recommendation of the Safety Commission and the addition of a 25 mph zone, and felt the crosswalk at the south end of the park was a quick and dirty fix and he felt it should be done right. dean Pendergraft, One Kingswood Drive, Chula Vista, CA, stated she supported her husband and the recommendations of the Safety Commission. She felt these should be instituted immediately. Mary Hayrues, 1423 Eckrnan, Chula Vista, CA, supported the recommendation of staff. She informed the Council she represented 1938 people who had signed her petition. She applauded the efforts of staff and their recommendation and felt a light at Kingswood would be unsafe as it would enter into a parking lot at a liquor store. Mary Chilcott, 1423 Eckman, Chula Vista, CA, congratulated Council for their fast action and Mr. Rosenberg for his recommendations. She felt the proposed fence would be dangerous for pedestrians and driven and requested Council to accept the staff recommendation. Ted Wiebe, 9 Kingswood Drive, Chula Vista, CA, stated he had lived in the area for twenty years and there had been numerous accidents at Kingswood and Hilltop. He felt the crosswalk at the easement would be ineffective and supported the Safety Commission recommendation for a light at Kingswood. Councilman Nader questioned whether the survey determined where the pedestrians were originating from. Frank Rivera, Assistant Civil Engineer, stated most were from Kingswood Drive. Minutes February 13, 1990 Page 7 Barbara Schwendinger, 64 E. Rivera Place, Chula Vista, CA, representing the Loma Verde School PTA, stated she supported the Pendergrafts in their request for a light at Kingswood Drive. Julie Pendergraft, Chula Vista, CA, stated she supported the light at Kingswood Drive and the fence which would allow visibility but would block children from crossing. Ernest Arnold, 897 Beech Avenue, Chula Vista, CA, representing the Safety Commission, stated he wanted to commend staff and noted the completeness of the information to the Council of the Saturday meeting. Mr. Wiebe stated that if a longer survey was conducted, he believed 75% of the pedestrian traffic would cross at Kinsgwood Drive. Mrs. Pendergraft stated it was natural for kids to dash across the street at Kingswood. Mayor Cox stated there should be some type of interim step to protect access for the pedestrians and also a need for further action. He expressed his concern regarding the signal at Kingswood and felt it may potentially set up a dangerous situation with the two driveways. The Council needed to know what was the safest option and they should rely on their profession staff. Councilman Nader stated either recommendation was an improvement over the present situation. His initial feeling was to go with the staff recommendation but after hearing the results of the survey, he felt the Safety Commission recommendations should be looked at very carefully. He would not block either recommendation but he felt the Safety Commission recommendations may serve more children. Councilman Moore stated timing was important, the City should do something now to alleviate the immediate problem and could do more later if needed. MSUC (CoX/Moore) 1. accept staff recommendation for Phase I; 2. staff the crosswalk with adult crossing guard for the times ch~dren are going to and from school; 3. accept staff recommendation for Phase H, utilizing own field forces, material on hand (when implemented, remove adult crossing guard with school guard to be utilized); and, 4. school route to be designated as secondan] (alternate) mute. MS (Cox/Moore) direct staff to begin design for signal at RiensU-a and bring back costs for budget process. Councilman Nader stated staff should be authorized to install any signs needed to warn motorists. He supported the motion and felt staff should look at Rienstra in adjunct to Kingswood. Mayor Cox noted that staff had not recommended a signal at Kingswood. Hal Rosenberg, Traffic Engineer, stated that if a signal was placed at Kingswood, staff would recommend a signal also at Rienstra. Mr. Rosenberg stated staff could design two intersections at the same time. While doing this staff can also evaluate these intersections and let Council know the number of points received, how the signals would function, and where crosswalks would be. A signal is approximately $80,000 and if two it would be double. City Manager Goss recommended that staff come back with the evaluation of the three alternatives: 1. signalization at Kingswood, 2. signalization at Kienstra, and 3. signalization at both intersections. He stated the capital improvement program would be coming before the Council in March and he felt the evaluation and budget information would be ready at that time. Minutes February 13, 1990 Page 8 AIVlENDMFJqT TO THE MOTION: (Nader/Moore) m have staff evaluate Pdensta, Kingswood, and Rienstra/Kingswood and bring back to the Council in one month. Budget considerations are to be within the conten of the Capital Improvement PrograuL Approved 3-0-0 MSUC (Nader/Moore) direct staff to continue to monitor and report back within two weeks from the implementation of the signalized intersection regarding any impact, if any. Staff is also authorized to put up any signs deemed usetiff to caution motorists and pedestrians. Councilman Moore questioned whether it would be appropriate to add counts to the regular monthly report. City Manager Goss stated it would be appropriate. Mayor Cox questioned the status of the radar gun which had been purchased for the Police Department. He hoped it would be out on the street as soon as it was received and noted the Police Department had been very conscientious in nying to enforce the speed limits. Mayor Cox then recapped the Council actions: 1. pedesta4an activated crosswalk at the SDGaE easement, 2. appropriate signage is to be installed, 3. adult crossing guard to be ut~ized during hours to and from school, with a student guard when signalized crosswalk is implemented, 4. route is to be designated as a secondary (alternate) school route, 5. staff is to continue to monitor the area regarding signalization at Kingswood, Rienstra, or both and report back to Council in conjunction with the Capital Improvement Program. Mrs. Hayrues questioned the removal of the left turn arrow at Orange Avenue and repainting the crosswalk at Rienswa. Mr. Rosenberg stated these would be addressed in the report back to Council. Mr. Lippitt stated the crosswalk at Rienstra would be painted at the same time as the crosswalk across Hilltop. He expected this to be done during the week. MSUC (Cox/Moore) to refer back to staff the issue of the left turn arrow at Orange Avenue and to bring back report to Council next week. Mayor Cox stated he would like to know if other left turn arrows have been removed and felt the Council should be informed before they are removed. MSUC {Cox/Moore) to direct staff to insure an all weather surface be installed on the crosswalk. Mayor Cox hoped staff would meet with the school to discuss the funding. Item 20. REPORT ON SEWER FACILITIES PARTICIPATION FEE REFUND REQUEST BY I.RF. WEST Mayor Cox noted that he had received a request from Lee West to speak regarding Item #20 as he had been given the incorrect meeting time. MSUC (Cox/Nader) to reconsider Counc~ Action on Item #20 after the Public Hearings. Minutes February 13, 1990 Page 9 Lee West, 9685 Casa de la Torre, Spring Valley, CA, stated he had outlined his concerns in his letter to Council. He expressed his concerns over the delay of his project due to delays by the City staff. The changes were simple and he felt the additional DIF charge was unfair. Councilman Moore stated he was not in a position to make this decision and felt it should be left to management. MSUC (Cox/Nader) to accept staff recommendation and deny Mr. Weses request, Councilman Nader stated he reluctantly agreed and noted that the money would only have to come out of somewhere else. Mr. West stated he was not against the fee bur questioned the timing and the way it was done. Councilman Nader requested that staff update him on the issues regarding the time it takes to accomplish this process. 25. I.;HY MANAGER'S REPORT(S) Z 25a. No report given. 26. MAYOR'S REPORT(S) 26a. Mayor Cox noted the development of Chula Vista Harbor and stated he had envisioned the entire area developed. MSUC (Cox/Nader) to direct staff to contact the Port District to encourage them to move forward with the development of the balance of Chula Vista Harbor. 26b. Reminded Council of the Community Forum for the Otay Regional Park to be held on 2/24 from 9:00 a.m. to 1:00 p.m. at Montgomery High School. 26c. Noted the funding had been appropriated in the Federal budget for the Sweetwater Flood Control project. Corps of Engineers estimate the project will be completed late 1992 or early 1993, 27. COUNCIL COMMENTS 27a. Councilman Moore Stated his concern regarding the lack of information given to the public regarding the numerous projects and activities in the City. MSUC (Moore/Cox) to direct staff to include method and cost of a program, in print, for the general public during the sasmm~l' of 1990 and to be included in the 1990-91 budget, Councilman Nader stated he could support bring this back to Counc~ for consideration, but staff should carefully consider how to provide public information that is not one sided when utilizing taxpayers money. Minutes February13, 1990 Page 10 ADJOURNMENT City Manager Goss stated there was no need for a closed session. ADJOURNMENT AT 8:32 p.m. to the regular City Council Meeting to be held on February 20, 1990 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: Vicki Soderquist, Depu~ Clerk